Thursday, October 07, 2010

Three yellow lines on the road that mean nothing

This is Exeterpublished 04.10.10PUZZLED: Businessman Brian Burnett with the triple yellow lines

Businessman Brian Burnett is the latest victim to emerge from what has been dubbed "the great parking scandal" after he was booked while parked on a triple yellow line.

The owner of Repaircare Electrical Services parked a van outside his business in Ladysmith Road, Exeter, to load some equipment but was given a penalty charge notice by civil enforcement officersMr Burnett asked the city council to reconsider due to the confused nature of the markings but was told "the intention" of them was clear so his ticket would not be cancelledBut he has now discovered that any variation on a recognised road sign can only be adopted with permission from the Secretary of State

His case has now been taken up and highlighted by city councillor and former police officer Percy Prowse.It is the latest embarrassment for the council following the revalations in the Echo last week that tickets were being issued in areas that the council was told were unlawful three years ago.Three former traffic wardens are expected to hear this week whether they have been successful in their tribunal claim for constructive dismissal .

They have turned whistleblowers and accompanied the Echo on a tour of the city centre to show where they were told to issue tickets despite doubts over the lawfulness of the signs and regulations

Mr Burnett said he felt furious after discovering his ticket had been issued unlawful and said: " I left the van outside on what is clearly a triple yellow line while we were about to load"It took longer than we thought it would to load and in the meantime we were given a ticket.

"I appealed against it as I thought it was unfair but lost . After that I did speak to Percy and he is still challenging it on my behalf

"I have since discovered it is totally unlawful to give tickets when the road markings are not as they should be and I am really angry I have been penalised in this way

"Nothing has changed on the road marking but I am not sure who has been given a ticket there"

Mr Prowse said he had recently written to the county council's solicitor to ask what a triple yellow line meant and he was told it meant "absolutely nothing". He said: " A triple yellow line means nothing so they should never have issued a ticket in the first place.The council wrote back to him to say 'the intention' of the lines was clear."To make variations from road signs in law the council needs permission from the Secretary of State. The law also states you cannot have a variant on yellow lines and a triple yellow does not exist For this reason it is totally unlawful."

Exeter City Council carries out the enforcement of on-street parking in the city on behalf of Devon County CouncilA spokesman for the county council said: "The city council is instructed to enforce where the intent of the signs and lines clearly communicate the relevant restrictions"Minor deviations in markings from the requirements of the regulations will not automatically invalidate a Penalty Charge Notice. If any individual believe they have been issued a Penalty Charge Notice incorrectly they hould appeal as directed on the notice."